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Can the defendant in a criminal case regading ,drugs have the right to face his confidential informant?
State/Country of Question: New Jersey Already Tried: The police found 5 ounces of cocaine in my truck.My lawyer advised me to pled guilty, I followed my lawyers advice and pled guilty. I am in a Halfway House at this time, but I filed a motion to received Relif of Post Condition. I served 5 months short of the 33 months I was sentened too with a Parole ineligibility of December 26, 2009. I was charfed as a sencd degree offense. JorgeL. Gallinat XXXXX@XXXXXX.XXX
you have the constitutional right to face your accuser, which is usually the police. However, a confidential informant is technically not an accuser and police and DA will do everything to protect them. When an informant is involved in a case, your attorney would make a motion to discover his/her identity. In most cases the informant is an undercover cop and the DA will hide their identity as much as possible. If the DA won't produce him, the Judge may hold a probable cause hearing to see if the informants testimony is needed in court for a prosecution if it not, you cannot confront the informant, if it is and they don't produce them the case is dismissed
Attorney
10 years experience, General counsel for National Corp. firms, C.U.N.Y. INSTRUCTOR,
The confidential Informant only alledges that I tried on a few occasions to sell him drugs. There are no pictures of any transaction of I trying to sell him drugs. The are no audio tapes either. I know who the informer is! And the Police stopped me and told me that the got a tip that I was carrying explosives. After searching my truck for several hours they didn't find anything. The, Then said they are going to get a warrant to search for drugs. The founf 5 ounces of cocain which I think they put it there.
Thanks again,
Jorge L. Gallinat XXXXX@XXXXXX.XXX
YOUR ATTORNEY SHOULD FILE A MOTION TO DISMISS BASED ON A POSSIBLE VIOLATION OF THE SEARCH AND SEIZURE CASE LAW, ALSO YOU MAY BE ABLE TO FACE THE INFORMANT IF THE POLICE TOLD THE JUDGE THAT THEY KNEW THE DRUGS WERE IN THE CAR FROM AN INFORMANT, NOT THEIR OWN EVIDENCE, A MOTION BY YOUR LAWYER REQUESTING THE NAME SHOULD BE FILED.